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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Auchinrreck v Lady Auchinbreck. [1744] 1 Elchies 160 (26 June 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies010160-012.html |
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Subject_1 FRAUD.
Creditors of Auchinrreck
v.
Lady Auchinbreck
1744 ,June ,July 26 .
Case No.No. 12.
Click here to view a pdf copy of this documet : PDF Copy
Sir James Campbell of Auchinbreck six months after his marriage with his present Lady, who had staid in his family as a sort of governess to his children, gave her a provision of L.100 sterling per annum, and a house and some land, and thereon she was immediately infeft, when his estate was about L. 10,000 Scots rent, but above L.21,000 sterling of debt, much more than the value of the estate, on which there were then infeftments or inhibitions for about L.86,000 Scots, and in 1739 it was sequestrated. The creditors objected to this right as postnuptial and gratuitous, and, being by a bankrupt, irrational. The Lords sustained it for L.50 sterling, to which they restricted it, and the creditors having reclaimed without answers we adhered, me quidem renitente.
The electronic version of the text was provided by the Scottish Council of Law Reporting
